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HomeMy WebLinkAbout025913 ORD - 08/24/2004AN ORDINANCE ORDERING A SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, IN THE CITY OF CORPUS CHRISTI ON THE QUESTIONS OF ESTABALISH1NG A PERMANENT AD VALOREM TAX FREEZE ON RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER OR DISABLED PERSONS AND ELIGIBLE SPOUSES; PROVIDING FOR CONSIDERATION OF AMENDMENTS TO THE CHARTER OF CITY OF CORPUS CHRISTI; PROVIDING FOR PROCEDURES FOR HOLDING SUCH ELECTION; PROVIDING FOR NOTICE OF ELECTION AND PUBLICATION THEREOF; PROVIDING FOR ESTABLISHMENT OF BRANCH EARLY POLLING PLACES; DESIGNATING POLLING PLACE LOCATIONS; AUTHORIZING A JOINT ELECTION WITH NUECES COUNTY; AND ENACTING PROVISIONS INCIDENT AND RELATING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. WHEREAS, the Texas Legislature in Article VIII, Section 1-b(h) of the Texas Constitution requires that on receipt of a petition signed by five percent (5%) of registered voters of the city, the governing body of the city shall call an election to determine by majority vote whether to freeze the total amount of ad valorem taxes imposed on the homesteads of persons with disabilities or persons sixty-five years of age or older and eligible spouses; and WHEREAS, the City Council desires to place before the electorate of the City of Corpus Christi proposed amendments to the Charter of the City of Corpus Christi; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal aft'airs, give notice and appoint election officers to hold the election; and WHEREAS, Nueces County will also be conducting a general election on November 2, 2004. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION I. A Special City election (hereinafter the "Election") shall be held in the City of Corpus Christi, Texas. on November 2. 2004, for the purpose of submitting to the voters of the City a ballot proposition to determine by majority vote whether to freeze the total amount of ad valorem taxes imposed on the residence homesteads of persons sixty-five (65) years of age or older or disabled persons and eligible spouses. SECTION 2. That the Election shall include consideration of amendments to the Charter of the City of Corpus Christi. : tdi3 SECTION 3. At the Election all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 4. Precinct ballot counters shall be employed at the election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. Ire Elect~on shall be held in accordance with the election laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p m. on the day of the Election. Testing of the precinct ballot counting equipment shall be conducted as prescribed by the Secretary of State's directive "Alternate Method of Testing Precinct Ballot Equipment". SECTION 5. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. He is directed to request consideration by the U. S. Department of Justice of the submission of any change herein which requires preclearance, and to provide such demographic dala and information as required by la',~. SECTION 6. Paper ballots and precinct ballot counters shall be used for the conduct of the Election on election day and tbr early voting Early voting in person at each of the temporary branch polling places shall be conducted as lbllows: Such early voting in person may be conducted at the main early voting polling place locatcd in the first floor lobby of Nueces County Courthouse, 901 Leopard, or at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance. In addition, early voting in person may be conducted at the mobile temporary branch polling places set forth in Attachment C, incorporated by reference and made a part of this ordinance, during the days and hours specified therein. The City Secretary is authorized, in the evenl of an emergency, preventing any of the designated polling places from being utilized, to provide for suitable replacement locations. Each branch polling place and the main early polling place shall serve all election precincts. SECTION 7. The City Secretary is directed to post and publish such election notices as arc required by the Election Laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said election and is hereby authorized and directed to make all necessary arrangements for the holding of said election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 8. At the Election, the voters shall be presented with the following prolx~sition (in English and Spanish) in the forn~ prescribed by the Texas Election Code: 8/24/2004-2 38 PM PROPOSITION PERMANENT AD VALOREM TAX FREEZE FOR AGAINST THE ESTABLISHMENF OF A PERMANENT AD VALOREM TAX FREEZE ON RESIDENCE HOMESTEADS OF PERSONS SIXTY-FIVE (65) YEARS OF AGE OR OLDER OR DISABEED PERSONS AND ELIGIBLE SPOUSES. SECTION 9. At the Election, the voters also shall be presented with the following propositions (in English and Spanish) in thc form prescribed by the Texas Election Code concerning amendments to the Charter of the City of Corpus Christi: Ballot Language. FOR AGAINST CtlARTER AMENDMENT NO. I UPDATING THE PROVISIONS CONCERNING INITIATIVE AND REFERENDUM IN ORDER TO COMPLY WITH NEW LAWS AND ELECTION PROCEDURES. Effect et'Amendment. Adoption of Charter Amendment No. I would amend the City Charter, ARTICLE I, HOME RULE GOVERNMENT, Section 4 (c)(2) and (c)(3), (d) and (f), Initiative and Referendum, as follows: Section 4. Initiative and Referendum. (c) Any fifty registered voters may commence initiative proceedings and any five registered voters ma)' commence referendum proceedings by filing with the city secretary a statement that they intend to circulate petitions calling for an initiative or referendum. The statement shall include the following: (1) The names and addresses of the registered voters commencing the proceedings: (2) The full text of the ordinance being proposed by initiative or the full text of the ordinance to be reconsidered by referendum: and 8/24720114 2:58 PM (3) The name and address of the registered voter who is designated to receive all communications from the city secretary and citY' attorney under this section. (d) In the case of an initiative, the city attorney shall draft an ordinance in legal form, consistent with the lav~s of the state and the United States, incorporating in substance the text submitted. The city council shall present the initiative or the request for referendum to the city council at its next regular meeting. Forty-five days from the date of presentment shall be allotted to the city council to consider the adoption of such ordinance by initiative. In the case of referendum, the statement commencing the referendum proceedings must be filed no later than the tenth day after the city council adopts the ordinance and the city council shall have until the adjourmnent of the next regular city council meeting followinR receipt of the statement to reconsider such ordinance. (e) In the event the council fails to take the proposed action within the time allotted, the city secretary shall furnish to the proponents petition pages for circulation among the registered voters of the city. Each petition page shall contain the following: (1) A summary not to exceed one hundred words stating in substm~ce the initiative or referendum measure to be considered by the voters and the notation that the full text of the ordinance is available lbr inspection at the office of the city secretary; (2) '[he printed name, address and registration number of each voter signing the petition: (3) The signature of each signer in ink and the date of signing; and (4) The date of issuance of the petition by the city secretary and, in the case of a referendum petition, the names and addresses of the five persons who initiated the procedure. (t) All petition pages comprising an initiative or referendum petition shall be assembled and filed with the city secretary as one instrument within ninety days from the date of issuance of the forms for such purposes by the city secretary. Within twenty days, the city secretary shall determine whether the same is signed by at least five percent of the registered voters of the city. The procedures for filing supplementary petition pages with the city secretary for recall petitions shall also apply to initiative and referendum petitions. If the certificate of the city secretary shows the initiative or referendum l~etition to have total signatures of registered voters in number that is less than the required five percent, the city secretary shall notify the person filing the petition, and it may be supplemented within ten days from the date of the city secretary's notice by filin~ supplementary petition pares as provided by the citv secretary bearing signatures of other retistered voters. Within ten da,/s after such supplementary pages are filed, the city secretary shall again examine the original petition, as supplemented, and shall certify the results thereof to the council at its next regular meeting. Ballot Language: FOR AGAINST CHARTER AMENDMENT NO. 2 UPDATING THE PROVISIONS CONCERNING CITY COUNCIL ELECTIONS, COUNCIL MEETINGS, AND THE MAYOR'S VETO POWER AND RECALL ELECTIONS IN ORDER TO CONFORM THE PROCEDURES TO NEW STATE LAWS AND CITY COUNCIL MEETING DATES. Effect qf Amendment. Adoption of Charter Amendment No. 2 would amend the City Charter, ARTICLE II, CITY COUNCIL, Section 1, Membership and Term; Section 3, Runoff Elections; Section 6, Mayor's veto power and general powers; Section 14(e), Meetings of the Council; Section 20, Filing, Examination and Certification of Petition; and Section 21, Recall Election, as follows: Article II, City Council, Section 1. Membership and Term (a) The city council shall consist of eight council members and a mayor. Five council members shall be elected by majority vote from single member districts, each member being a resident of his or her respective district and each district having as near as practical the same population; three council members shall be elected at large by plurahty vote with winners required to gain at least twelve percent of the total votes cast for all candidates for all at large council member positions; and the mayor shall be elected at large by majority vote. The city council shall by ordinance equalize the single member districts as required by law; provided, however, no such ordinance shall be enacted less than ninety days before a regular election. (b) The mayor and members of the city council shall be elected for terms of two years and shall hold office until their respective successors have been elected and qualified. The regular election shall be held in odd-numbered years on the first Saturday in April unless the city council designates an alternative Saturday in April or the next available uniform election date allowed by state law at least six three months prior to the regular election. (c) All council members shall take office at the first council meeting after the votes are canvassed from the regular election; provided, however, that in the event a run- off election is required, all council members shall take office at the first council meeting after the votes are canvassed from the run-off election. 8/24/2004-2:58 PM (d) No person shall serve more than four two-year terms consecutively as a council member, or lbur two-year terms consecutively as mayor, or six two-year terms consecutively in any combination of such offices. A person who has reached the limitation on terms provided in this section shall be eligible for election or appointment to the city council after not serving on the city council lbr one full term of office, rTk;~ provision shall take effect beginning with the terms of office commencing in April 1993. Terms of office served prior to such date shall not count toward this limitation.] Article II, City Council Section 3, Runoff'elections (a) If no candidate for mayor receives a majority of all votes cast for such office at any regular or special election, there shall be held on thc second Saturday following any such election a run-off election at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. (b) If no candidate lbr city council from a given single member district receives a majority of all votes cast lbr such office at any regular or special election, there shall be held on the second Saturday following any such election a run-off election at which the two candidates receiving the highest number of votes in the regular or special election shall stand for election. (c) If fewer than three candidates for at large city council positions receive a plurality of at least twelve percent each of the total votes cast for all at large city council candidates, there shall be held on the second Saturday following any such election a run- offelection at which: (1) If no candidate received at least twelve percent of the total votes cast for all candidates for the at large positions in the regular or special election, the four candidates receiving the highest number of votes shall stand for electiom (2) If only one candidate received at least twelve percent of the total votes cast for all candidates for at large positions in the regular or special election, the next three candidates receiving the highest number of votes shall stand for election; or (3) If two candidates received at least twelve percent of the total votes cast for all candidates lbr at large positions in the regular or special election, the next two candidates receiving the highest number of votes shall stand for election. The winners in any such run-off election for at-large positions shall be determined by a plurality vote. (d) The run-off election shall be held on a Saturday followint~ the official canvass set bv the city council at least tNree months prior to the regular erection allowin~ sufficient time to com'olv with the requirements of the Texas Election Code. Article I1, City Council, Section 6. Mayor's veto power and general powers. 8/2q/2004-2:58 PM (a) Every ordinance, resolution or motion passed by the council shall, before it takes effect, be presented to the mayor for his or her approval and signature. If he or she approves it, he or she shall sign, but if he or she disapproves it he or she shall state his or her objections thereto in writing and return it to the next regular meeting of the council within seven days after presentation with his or her veto. If he or she does not return it with such disapproval nor sign it, such motion, ordinance or resolution shall, upon the expiration of the time for its return to the council, be in effect and force as if he or she had approved it. (b) In case of veto of any ordinance, resolution or motion by the mayor, the council may pass same over his or her veto by the affirmative vote of a majority of the council. If the mayor's veto is sustained, the matter shall not come before the council again within six months without the previous written consent of the mayor. The mayor may veto all or any item of any ordinance making appropriations but the veto shall extend only to the item disapproved. Those items which he or she approves shall become effective, but those disapproved shall not become effective unless passed over his or her veto as herein specified. (c) The mayor shall have the power to administer oaths and exercise such other powers, prerogatives and authority a_s are conferred on him or her by this charter and state and federal law. Article Il, City Council, Section 14(e). Meetings of the Council (e) The ayes and nays shall be taken upon the passage of all ordinances or resolutions and entered in the minutes. Every ordinance or resolution shall require on its final passage, the affirmative vote of a majority of all council members holding office= except those council members who are disqualified from votin~ under State law or CiW ordinance. Article II, City Council, Section 20. Filing, Examination And Certification of Pctition All petition pages comprising a recall petition shall be assembled and filed with the city secretary as one instrument. All petition silznatures must be made within one hundred ei~zhtv (180) days from Thc date the petition is filed. Within twenty days after a recall petition is so filed, the city secretary shall determine whether the same is signed by the required ten percent of the registered voters. The city secretary shall declare void any petition page which does not have an affidavit as required in the preceding section. If the ccrtificate of the city secretary shall sho~ the recall petition to have total signatures of registered voters in number less than thc required ten percent, the city secretary shall notitS' the person filing thc pctilion, and it may be supplemented within ten days from the date of such notice by filing supplementary petition pages bearing signatures of other registered voters. Within ten days after such supplementary pages are filed, the city secretary shall again examine the original petition, as supplemented, and shall certify the results thereof to the council at its next regular meeting, stating the number of signatures certified. If the petition, as supplemented, is found to have total signatures of registered 8/24,2()04-2 ~8 ?M Article voters in number less that the required ten percent, the city secretary shall return the petition, as supplemented, to the person filing the same, without prejudice to the filing of a new petition for the same purpose. I1, City Council, Section 21. Recall Election Whenever a recall petition is certified by the city secretary to have the signatures of the required ten percent of registered voters and the council member whose removal is sought does not resign within five days after such certification to the council, the council shall forthwith order and hold a recall election within not less than thirty, nor more than sixty days from certification at the next available election date under Texas law. In the event at any one time there is before the council more than one recall petition certified by the city secretary as to which the council is then obligated to order a recall election, the council shall order and hol& one the same date, recall elections on all such petitions so certified. Ballot Language: FOR AGAINST CHARTER AMENDMENT NO 3 UPDATING THE PROVISIONS CONCERNING THE APPROVAL OF BUDGETS AND THE EXPENDITURE OF CITY FUNDS IN ORDER TO COMPLY WITH NEW LAWS, COURT DECISIONS AND ACCOUNTING PRACTICES. Effect of Amendment. Adoption of Charter Amendment No. 3 would amend the City Charter, ARTICLE lV, ADMINISTRATION, Sec. 2(c), Budget Content; Sec. 3, Interdepartmental Transfer of Funds; Sec. 7, Funds in Treasury; Sec. 8, Money Deemed in Treasury, as follows: Article IV, Administration, Section 2(c), Budget Content (c) Expenditures in the proposed budget will not exceed estimated revenues and funds available/Yom all sources. Article IV, Administration, Section 3, Interdepartmental Transfer of Funds Upon written recommendation of the city manager, the city council may at any time transfer the unencumbered balance of an appropriation made for the use of one department, division or purpose, to any other department, division or purpose; provided, however, no such transfer shall be made of revenues or earnings of any municipally Article Article owned utility, such as the water, gas or sewerage department, to any other department or to any other purpose, with the exception of an)' utility required debt service. IV, Administration. Section 7, Funds in Treasury No contract, agreement or other obligation involving hhe an expenditure of money requiring approval bv the City Council shall be entered into, nor shall any ordinance, resolution or order for the expenditure of money be passed by the council or be authorized by any officer of the city, except in the case hereinafter specified, unless the director of finance first certifies to the council, or to the proper officer, as the case may be. that the money required for such contract, agreement, obligation or expenditure is in the treasury to the credit of the fund from which it is to be drawn and not appropriated for any other purpose, which certificate shall be filed and immediately recorded. The sum so certified shall not thereafter be considered unappropriated until the city is discharged from the contract, agreement or obligation. IV, Administration, Section 8, Money Deemed in Treasury The tbllowing funds shall be considered moneys in the treasury: (at All moneys actually in the treasury to the credit of the fund from which they are to be drawn, all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come in the treasury before the maturity of such contract, agreement or obligatiom from taxes~ ~ assessments, fees, fines, charges, revenues, or from sales of service product, or by products, or from any city undertaking, fees:. eharges, accounts and bills receivable, or other credits in process of collection, all moneys applicablc to thc payment of such obligation or appropriation, which are to be paid into the city treasury prior to the maturity of such contract, agreement or obligation, and and all moneys applicable to the payment of the obligation or appropriation involved that are anticipated to come into the treasury before the maturity of such contract. agreement or obligation, from moneys to be received from bonds, notes or other obligations the city is lawfully authorized under state law or this charter to issue, and which the city has authorized to be issued at one time or from time to time, and which are to be delivered and payment therefore received before the maturity of such contract, agreement or obligation, before the maturitv of such contract agreement, or obligation thereof, arising from the sale or lease of lands or other property, and moneys to be derived from la,M'ully authorized bonds sold and in the process of delivery, shall, for the purpose of such certificate, be deemed in the treasury to the credit of thc appropriate fund and subject to such ecrtification. g/24,2004-2:58 PM Ballot Language: CHARTER AMENDMENT NO. 4 FOR AGAINST ALLOWING CITY EMPLOYEES, OTHER THAN MANAGERIAL EMPLOYEES AND EMPLOYEES IN THE CITY SECRETARY'S OFFICE, TO PARTICIPATE IN POLITICAL ACTIVITIES; PROVIDED THAT, NO POLITICAL ACTIVITIES MAY BE CONDUCTED WHILE IN UNIFORM, ON DUTY, OR USING CITY RESOURCES, AND NO COERCION OR RETALIATION IS ALLOWED. Effecl qf Amendment' Adoption of Charter Amendment No. 4 would amend the City Charter, ARTICLE VII, EMPI,OYMENT REGULATIONS, Section 4. Participation in Political Activity, as follows: With the exception of members of council, no employee or officer of the city shall in any ,xay participate in political activity of any nature while on duty, in uniform or upon city prapc~y usinl~ city resources. With the exception of members of the managerial ~roup and employees of the city secretary's office, officers and employees of the city may participate in political activity; provided that, no coercion or retaliation concerning political activity shall be allowed ...... a -- No members of the mana~zerial groul> or employees of the city secretarv's office or officers of the city shall at any time take part in any political actMty on city-related issues except to provide factual information at the direction of the city manager, to express their own opinions privately, and to cast their votes. Ballot Language: CHARTER AMENDMENT NO. 5 FOR AGAINST SIMPLIFYING THE EXISTiNG RESTRICTIONS CONCERNING CITY OFFICIALS AND EMPLOYEES RUNNING FOR OTHER PUBLIC OFFICE IN ORDER TO MAKE THE CURRENT PROVISIONS EASIER TO FOLLOW, WITHOUT MAKING ANY SUBSTANFIVE CHANGES IN THE RESTRICTIONS g/24,2004-2:5g PM Effecl of ~tmendment: Adoption of Charter Amendment No. 5 would amend the City Charter, ARTICLE VII, EMPI,OYMENT REGULATIONS. Section 5. Officers and Employees, Candidacies, as follows: (a) A member of the city council may file as a candidate for nomination or election to any public office, includin~ a position under this charter. Upon the election or appointment to a non-City public office, such council member shall forfeit his or her office as a member of the council. (b) A member of a city board, commission or committee may file as a candidate for nomination or election to any non-city public office. Upon the election or ar~pointment to a non-City public office or upon the filin~ as a candidate for any position under this charter, such board, commission or committee member shall forfeit his or her position. (c) A city employee may file as candidates tbr nomination or election to any non- city public office and may sexwe in such position if elected or appointed, so lone as such activities do not interfere with his or her city employment contrary to ordinances and administrative regulations. If any city employee shall file as a candidate for nomination or election to a position under this charter, such emr~loyee shall forfeit his or her employment with the city. Except as provided in this charter, no person elected to any office of the city shall, during thc term for which he or she was elected, be appointed to an)' other office or position in the service of the city. If an)' officer or employee of the city shall file as a candidate for nomination or election to any public office, he or she shall forfeit his or her office or employment, provided that a member of the council may file as a candidate for election to a position under this charter Provided, further, thai a member of the council or a member of a city board, commission or committee may file as a candidate for nominalion or election to an)' noncity public office, but such person shall forfeit his or her position if elected or appointed to such office. Provided, further, that employees may file as candidates for nomination or election to an)' noncity public office and may serve in such positions if ejected or appointed, so long as such activities do not interfere with their city employlncnt contrary to ordinances and administrative regulations [4/24/2(104-2:58 PM Ballot Language: CHARTER AMENDMENT NO. 6 FOR AGAINST ALLOWING CERTAIN LEASES FOR THE CONSTRUCTION OF BOAT SLIPS AND DOCKING FACILITIES EO BE FOR TERMS NOT MORE THAN 15 YEARS WITItOUT THE NECESSITY OF AN ELECTION, SIMPLIFYING THE PROCEDURES CONCERNING SHORT-TERM LEASES LESS THAN 5 YEARS, TRANSFERS OF LEASES. REGULAFION OF LEASES AND APPROVAL OF OIL AND GAS I,EASES, AND UPDATING OTHER PROVISIONS TO CURRENT STATE LAW AND COURT DECISIONS. Effect qf Amendmem: Adoption of Charter Amendment No. 6 would amend the City Charter, ARTICLE IX, PUBLIC UTILITIES, FP,_ANCHISES AND LEASES. Section 2, Power to Grant Franchise or Lease, as follows: (a) ~he council shall have the power by ordinance to grant, renew, and extend all franchises of all public utilities of every character operating within the city and all leases of property of the city; and. with the consent of the franchise holder or the lessee, to amend the same; provided, however, that (1) No franchise shall be granted for a term of more than thirty years; and (2) No lease covering any property of the city shall be granted for a term of more than sixty years. (3) No lease coverin~ any property of the City which lies under the waters of Comus Christi Bay m~d was patented to the city by the State of Texas shall be ~ranted for a term of more than five years unless approved by a majority of the cmalified voters of the city, voting at an election duly called for such purpose, provided that leases for the construction on use of boat slips or docking facilities may be granted for not more than fifteen years without the necessity of an election required by this section. No franchise or lease on an)' property of the city which lies under the waters of Corpus Christi Bay and was patented to the city by the State of Texas shall be granted, renewed, or extended for a term of more than five years unless there is submitted to the qualified voters of the city, at an election duly called for such purpose, the question of whether or 8/24,2004-2:q8 PM not the council should enact the particular ordinance granting, renewing or extending such particular franchise or lease, and a majority of such qualified rotors voting at such election favor thc enactment of the ordinance. The question of whether or not tho anuneil should enact any particular franchise or lease for a term of five years or less may be submitted to the qualified voters of the city; and in such event tho ordinance shall not be enacted unless approved by a inajority of the qualified voters voting at such election. (b) No lease covering any property of the city which lies under the waters of Corpus Christi Bay and was patented to the city by the State of Texas shall grant to the lessee any right to erect or maintain any structure or building with the exception of yacht basins, restaurants, buildings for the housing of bay front concessions and uses permitted by the city zoning ordinance in a bay front use zoning district. Amend ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 3, Ordinance Granting Franchise or Lease, as follows: (a) Every ordinance granting, extending or amending a franchise or a lease of property of the city shall be read at two regular meetings of the council, and shall not be finally acted upon until the twenty-eighth day after the first reading thereof. Within five days following each of the two readings of the ordinance, a description of the franchise or lease, including the names of the parties, the term, payments to the city and the purpose of the franchise or lease, shall be published one time in a newspaper of general circulation in the city, and the expense of such publication shall be borne by the prospective franchise holder or lessee. Copies of the full text of any such ordinance shall be made available to the public at no charge in the office of the city secretary. With the exception of any ordinance authorized by election provided herein, no ordinance granting, renewing, extending or amending a lease or franchise of more than five years shall become effective until the expiration of sixty days following the date of its final adoption by the council, and every such ordinance shall be subject to referendum procedure provided by state las~, Section 282.003, Texas Govemment Code, Artic!e 1181, Vernon's Texas Civil Statutes, as amended now or in the future. (b) Notwithstanding any other provision of this charter, any ordinance granting or authorizing the execution of a lease having a term of oe, e~j, eae five years or less may be finally passed and the lease authorized without publication of any notice, and in cases of declaration of emergency may be passed without necessity of two readings. Amend ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 4, Transfer of Franchise or Lease, as follows: No franchise or lease of property of the city shall be transfen-ed by the holder thereof except with the approval of the council expressed by ordinance, which approval shall not be unreasonably withheld Council approval may be read at two consecutive reeular council meetines of the council, or if an emergency is declared may be finally read and approved at one reeular meetine of the council. Notwithstandin~ the forel~oing, g/31/20044 28 PM the city council may delegate to the city manager bv ordinance the authority to approve routine transfers of franchises or leases and amendments designed to u~)date existine franchises or leases to current city requirements. Amend ARTICI.E IX, PUBEIC UTILITIES. FRANCHISES AND LEASES, Section 6, Regulation of Leases. as follows: Every grant, renewal, extension or amendment of a lease of property of the city, whether so provided in the lease or not, shall be subject to thc right of the city: (a) To terminate such lease at any time for failure of the lessee to comply with the terms of the lease or the terms of this section, such power to be exercised only by ordinance duly adopted after notice and hearing. Amend ARTICLE IX, PUBLIC UTILITIES, FRANCHISES AND LEASES, Section 8, Leases of Land or Interests in Land for Oil, Gas or Minerals, as follows: (b) On the date specified in the notice, the city shall receive and consider any and all bids submitted for the leasing of the mineral interests proposed to be leased. Upon review of all the bids, and thc council shall award the lease or leases based on the bid or bids determined to be most advantageous to the city The council shall have the right to waive any defect, irregularity or informality in any bid or bidding procedure, and the council shall have the right to reject any or all bids submitted. Amend ARTICLE IX, PIJBLIC UTILITIES, FRANCHSES AND LEASES, Section 10, Public Utilities, a.s follows: tv) The city shall have power to own. maintain and operate, within or without the city limits, any public utility, and the city council shall adopt appropriate ordinances for the maintenance and operation thereof and fix the compensation to be charged therefor. The city shall have power to purchase electricity, gas, oil or any other article used by the public on such terms as the city may deem proper t'or sale and distribution to the inhabitants of the city and adjacent territory; provided, that no contract of purchase binding the city for a longer period than five years shall be valid unless authorized by a majority vote at an election called for such purpose. (b) The rate lbr each utility service operated by the City shall not be increased in any fiscal year by more than six percent (6%) over the rate charged the preceding year; provided, however, in the event of an emergency declared by the council with all members voting "aye" on the increase, then a higher rate may be adopted on a temporary basis for the next fiscal )'ear. Effective on voter approval. 8/24/2004 2:58 PM Ballot Language: CHARTER AMENDMENT NO. 7 FOR AGAINST UPDATING THE PROVISIONS CONCERNING GENERAL POWERS OF THE CITY 1N ORDER TO CONFORM IO NEW STATE I.AWS AND PROCEDURES. E[]kct p[ Amendment: Adoption of Charter Amendment No. 7 would amend the City Charter, ARTICLE X, GENERAL POWERS AND PROVISIONS~ Section 1~ General Powers, as follows: (a) The city shall have and tnay exercise, for any municipal purpose, all powers applicable to home rule cities in the Texas constitution, statutes and codes, and specifically including the powers presently enumerated in Article 1175, Texas Civil Statutes, and formerly enmnerated in Article 1175. which have been codified m other l~rovisions of Texas statutes and codes, and ,,,,hich may be added thereto at any time in the future, and the following powers: to the fullest extent it deems necessary, desirable, or convenienL, except as clearly prohibited or limited by state law or this charter: (12) To assess the cost of street, sidewalk and related improvements against abutting property owners and fix a lien against such abutting property in any manner authorized by Subchapter E of Chapter 402, Texas Local Goverm'nent Code. and ChaDters 312 and 313, Texas Transportation Code, Articles 1105b or 1086 through 1105, Texas Civil Statutes, as the same may be amended in the future, or other state law, or any city ordinance, which procedures are hereby adopted as alternatives which may be exercised. Amend ARTICLE X, GENERAl_. POWERS AND PROVISIONS, Section 2. Contracts, as follows: (a) All contracts shall be authorized by the city council, except that the city manager may authorize contracts which do not require expenditures exceeding the limit at which competitive bids are required under the Texas Local Government Code, as amended, and may exceed that sum in the case of emergency which shall be reported to the council. (b) No contract shall be binding until it has been (1) signed by the city manager or the manager's authorized representative, and (2) approved or objected to in writing by the city attorney, which objection shall be filed with the city secretary. Provided, however, as to standard contracts for multiple transactions, the city attorney need only approve the standard form. (c) All purchases and contracts must be competitively bid or proposed or based u¢on a procurement ~nethod authorized by as rcq::~rcd state law. For any contract that is based on competitive bids or proposal, after Afte~ approval of specifications by the city manager, advertisement of such contracts shall be published in a newspaper of general circulation in the city at least once in each week for two consecutive weeks, inviting competitive bids or proposals. All bids or proposals submitted shall be sealed and delivered in the mmmer rcquired by the specifications At the time announced in such notice, the bids or proposals shall be opened in the presence of one or more city employees designated by the city manager and in the presence of those bidders desiring to be present, except that confidentiality may be provided in accordance with state law. The council shall determine the most advantageous bid or proposal for the city. The city shall always have the right to reject any and all bids or proposals. In the event all bids or proposals arc rejected, thc city may call for new bids or proposals at its discretion, which shall be advertised in like manner as the original. (d) No contract shall ever be made which binds the city to pay for personal services to be rendered for any stated period of time; but all contracts for personal service shall be restricted to the doing of some particular act or thing, and upon its completion no further liability shall exist on the part of the city. SECTION 10. The City Secretary is directed to publish such Charter Amendments as required by the Local Govermnent Code and to post and publish such election notices as are required by the Election Laws of the State of Texas. SECTION 11. The election shall be conducted in accordance with the agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 2, 2004. which shall be executed and attached hereto as Attachment D and incorporated herein. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations and mobile voting sites SECTION 12. By approving and signing this ordinance, the Mayor officially confirms and orders as his actions all matters recited in this ordinance which by law come within his jurisdiction. SECT1ON 13. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, work. or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 14. That upon request of thc Mayor or five Council members, copy attached. the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficicnt and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes cffect upon first reading as an einergency measure this the 24th day of August. 2004. ATTEST: Armando ~ I.EGAL FORM APPROVED: L . .2004. Mar3> IC4~ Fis~lJ~er, City Altome BY: THE CITY OF CORPUS CHRISTI Corpus Christi, Texas TO TIlE MEMBERS OF THE CITY COUNCIl, Corpus Ctuisti, Texas For the reasons sel [brth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at thc present meeting of the City Council. Respectfully, Respectfully, Sa~muel L. e~al,~ayo~ City of Corpus Christi Council Members The above ordinance was passed by the following vote: Samuel L. Neal, Brent Chesney Javier D. Colmenero Henry Garrett Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott PRECINCT 1 2 3 4 5 6 7 8 *9 '15 '16 17 18 '19 ATTACHMENT "A' CITY OF CORPUS CHRISTI SPECIAL ELECTION NOVEMBER 2, 2004 POLLING PLACE AND ADDRESS First Presbyterian Church 430 S. Carancahua Windsor Park School 4525 S. Alameda Cedar Ridge Townhomes 4445 Cedar Pass Kostoryz Elementary School 3602 Panama Hamlin Middle School 3900 Hamlin Ethel Eyerly Community Center 654 Graham Road Oak Park Special Emphasis School 3701 Mueller Fire Station No. 4 2338 Rodd Fied Road Calallen Middle School 4602 Cornett The People's Baptist Church 6650 Old Brownsville Road London School 350 London Road Smith Elementary School 6902 Williams Ronnie H. Polston County Building 10110 Compton Road Port Aransas Community Center 408 S. Alister PRECINCT 20 21 *23 24 26 29 30 31 32 33 34 38 39 40 41 POLLING PLACE AND ADDRESS Galvan Elementary School 3126 Masterson Kiwanis Recreation Center 3933 Timon Blvd. R~ver Hills Baptist Church 16318 FM 624 West Oso High School 5202 Bear Lane Grace Presbyterian Church 6301 Yorktown Luther Jones Elementary School 7533 Lipes Avenue Oveal Williams Senior Center 1414 Martin Luther King Leal Residence 1217 10th Street Blanche Moore Elementary School 6121 Durant George Evans Elementary School 1315 Comanche Our Lady of Mount Carmel 1090 Clarkwood Road Brooks Chapel A.M.E. Church 2101 N. Port South Bluff United Methodist 1329 7th Street Island Presbyterian Church 14030 Fortuna Bay Bonilla Building (Atrium) 2727 Morgan Street PRECINCT 42 43 44 45 46 47 48 49 50 51 52 53 56 57 58 POLLING PLACE AND ADDRESS Citko Deli 2766 Santa Fe Wm. Travis Elementary School 3210 Churchill Zavala Senior Center 510 Osage George Wiggins Homes 2320 Buford Street South Texas Institute for the Arts 2021 Agnes Ben Garza Gym 1815 Howard Abiding Savior Church 4326 McArdle Scott Vetters Scout Hut 3221 McKinzie Lindale Recreation Center 3133 Swantner Gibson Elementary School 5723 Hampshire Korean Presbyterian Church 3757 Up River Road Sam Houston Elementary School 363 Norton La Armada Boys & Girls Hall 1455 Southgate Del Mar College (Harvin Center} 101 Baldwin Menger Elementary School 2401 S. Alameda PRECINCT 59 60 61 62 63 64 65 66 67 68 69 70 71 72 POLLING PLACE A.ND ADDR-E~S Incarnate Word Academy 2930 S. Alameda AdulL Learning Center 3902 Morgan Avenue Teenage Mothers Schools (TAMS) 3109 Carver Wynn Seale Middle School 1707 Ayers Street Parkway Presbyterian Church 3707 Santa Fe Wilson Elementary School 3925 Fort Worth Montclair Elementary School 5241 Kentner Fire Station No. 7 3722 S. Staples Kaffie Middle School 5922 Brockharnpton Coastal Bend Hearing Aide Center 3061 S. Staples Baker Middle School 3445 Pecan AiTowsmith Apartments 5701 Williams Drive Lexington Elementary School 2901 McArdle Central Park Elementary School 3602 McArdle 73 James W. Fannin Elementary School 2730 Gollihar PRECINCT 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 POLLING PLACE AND ADDRESS Cunningham Middle School 4321 Prescott David Crockett Elementary School 2625 Belton Port Avenue Drugs 913 Port Avenue Lozano Elementary School 550 Osage John F. Kennedy School 5040 Rockford Miller High School 1 Battlin Buc Skinner Elementary School 1001 Bloomington Christus Spohn Family Center/Padre 14202 S. Padre Island Drive Fire Station #9 501 Navigation Alexander Tile 1901 Baldwin Blvd. C.C. Area Council for the Deaf 5151 McArdle T.G. Allen Elementary School 1414 18th Street Recio's Restaurant 3150 S. Alameda Carroll Lane Elementary School 4120 Carroll Lane Second Baptist Church 6701 Staples PRECINCT 89 90 91 92 93 94 95 96 97 98 99 100 101 '103 POLLING PLACE AND ADDRESS Sunrise Baptist Church 5730 Kimbrough Fire Station # 11 910 Airline Coral Cay Apartments 1234 Nile Cullen Place Middle School 5224 Greely Place Water Utility Building (Conference Room) 2726 Holly Road Wm. Calk Elementary School 4621 Marie Street Ss. Cyril & Methodius Church (Room El) 3210 S. Padre Island Drive Church of Christ 3001 Norton Street Rosas Garage 4462 Dinn Street Moody High School 1818 Tr~an Drive West Heights Baptist 642 Scott Tuloso-Midway Intermediate School 1925 Tuloso Road Rand Morgan High School 2653 McKinzie Tuloso-Midway Middle School 9380 LaBranch 106 Tom Browne Middle School 4301 Schanen PR~,CINCT *107 109 110 *111 112 113 114 115 116 117 118 119 120 121 POLLING PLACE AND ADDRESS McGee Elementary School 4201 Calallen King High School 5225 Gollihar Hilltop Community Center 11425 Leopard Street LULAC West Apartments 10702 IH 37 Schanen Estates Elementary School 5717 Killarmet Garcia Elementary School 4401 Greenwood St. John's Baptist Church 5445 Greenwood Club Estates Elementary School 5222 Merganser Elliott Grant Middle School 4350 Aaron Flour Bluff High School (Auditorium) 2505 Waldron Road Most Precious Blood Church 3502 Saratoga Fire Station # 14 5901 S. Staples Woodlawn Elementary School 1110 Woodlawn C.P. Yeager Elementary School 5414 Tripoli 122 Flour Bluff lSD (Maintenance Dept.) 2505 Waldron Road PRECINCT POLLING PLACE AND ADDRESS 123 Calallen East Elementary School 3709 Lott Avenue 124 Cimarron Senior Apartments 2802 Cimarron Blvd. 125 Mireles Elementary School 7658 Cimarron Blvd. * Indicates partially inside and outside City limits. ATTACHMENT "B' EARLY VOTING SUBSTATIONS NOVEMBER 2, 2004 JOINT ELECTIONS Hours of Operation October 18 - October 22 October 23 October 24 October 25 - October 29 8:00 am to 5:00 pm 7:00 am to 7:00 pm 12:00 pm to 5:00 pm 7:00 am to 7:00 pm 10. 11. 12. Nueces County Courthouse 901 Leopard, Corpus Christi, Texas Johnny S. Calderon County Building 710 E. Main, Robstown, Texas Nueces County Bishop Community Center (Precinct 2) 102 W. Joyce Street, Bishop, Texas Port Aransas Community Center 408 N. Alister, Port Aransas, Texas Ronnie H. Polston County Building 10110 Compton, Corpus Christi, Texas Corpus Christi Area Council for the Deaf 5151 McArdle, Corpus Christi, Texas Greenwood Senior Citizens Center 4040 Greenwood, Corpus Christi, Texas Hilltop Community Center - Annaville 11425 Leopard, Corpus Christi, Texas City of Corpus Christi 1201 Leopard, Corpus Christi, Texas Del Mar College Baldwin & Ayers, Corpus Christi, Texas Molina Neighborhood Center 614 Horne Road, Corpus Christi, Texas Fire Station No. 15 14202 Commodores MOBILE EARLY VOTING CALENDAR NOVEMBER 2, 2004 GENERAL ELECTION OCTOBER 2004 TOWER II HOBBY LOBBY NUECE$ COUNTY HALF PRICE COMMUNITY BOOKSTORE CENTER ~25S Padre YWCA HOME DEPOT 1 2 3 ELEC~ON DAY 7:00 A.M. TO 7:0~ P.M.